Law: Constitution of Pakistan, 1973

Section: 185(3)

Trade mark--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to examine, inter alia, whether the petitioner had not previously used the trade mark in dispute and or that they had no bona fide intention to use in future; whether the High Court did not commit an error discoverable on the face of record in making certain assumptions and other related questions raised in the petitions. Jawwad S.Khawaja, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record (absent) for Petitioner. Nizam Ahmad. Advocate-on-Record (absent) for Respondents. Date of hearing: 10th April, 1989. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal is sought in these two petitions arising out of a dispute regarding registration of a Trade Mark, namely, "Bubble-Up" from and against the acceptance by the High Court, of appeals of respondent No.1. As stated by the learned counsel the petitioner Company is an assignee of the Bubble-Up Inc. USA, that a Pakistani Company; namely, The Pakistan Beverages Limited was using the trade mark in dispute for some time as authorised user; and when the petitioner made application for registration of the trade mark the respondent No.1, namely, Seven-Up Company of United States raised several objections to the said registration. They were overruled and the petitioner's application for registration was allowed. On respondent's appeals the High Court set aside the order of Registration, manly, on the ground that the petitioner was neither using nor had any bona fide intention for using the trade mark in future. As assumed by the High Court the use of the trade mark by the Pakistani Company allegedly as authorised user, was since April 1984 while the agreement between that…

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